(a) Each Board shall establish a written alternative
dispute resolution (ADR) procedure. The Board EO Officer shall be
responsible for implementing the ADR procedure in the case of a complaint
within the workforce area.
(b) A complainant within the workforce area may choose
to use the Board's ADR procedure rather than the complaint processing
procedure described in 29 CFR §38.72 and §842.13 of this
subchapter (relating to Processing of Accepted Complaints of Discrimination).
If the complainant elects to use the Board's ADR procedure, the complainant
shall file notice of this election within seven calendar days of the
complainant's receipt of the Board's initial written notice. The ADR
process shall be completed within 40 days from the date of the initial
written notice.
(c) The Board EO Officer shall coordinate the scheduling
of mediation with a qualified mediator at a location convenient to
the complainant and respondent.
(d) The Board EO Officer shall file with the Agency
a copy of the final agreement or the notice of failure to reach an
agreement within 10 days of reaching that determination.
(e) If the parties do not reach an agreement under
the ADR process, the EO Officer shall process the complaint as described
in 29 CFR §38.72 and §842.13 of this subchapter.
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